Licensing Committee - 01/07/2010

At a MEETING of the LICENSING COMMITTEE held at Dundee on 1st July, 2010.

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

Bailie Roderick A J WALLACE, Convener, in the Chair.

The minute of meeting of this Committee of 3rd June, 2010 was held as read.

Unless marked thus * all items stand delegated.

I LICENSING SUB-COMMITTEE - MINUTES OF MEETINGS

The minutes of meetings of Licensing Sub-Committee held on 3rd June, 2010, 10th June, 2010 and 23rd June, 2010 were submitted and noted for information and recorded purposes, copies of which are attached to this minute as Appendices I, II and III.

II TAXICARD CONCESSION SCHEME

There was submitted Report No 314-2010 by the Director of City Development informing about the history and evolution of the Dundee Taxicard Scheme.

The Committee agreed to note the contents of the report in relation to the history of the Dundee Taxicard Scheme.

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

It was reported that the undernoted applications had been granted under delegated powers.

Knife Dealer Licence

Late Hours Catering Licences

Private Hire Car Operator Licences

Public Entertainment Licences

Second Hand Dealer Licence

Taxi Driver Licence

Taxi Operator Licences

Window Cleaner Licences

(b) LATE HOURS CATERING - NEW APPLICATION

There was submitted the undernoted application.

In the case of this application, the Committee noted that there was a planning condition restricting use of these premises to a general store and takeaway from 9am to 6pm. Thereafter, having heard a representative on behalf of the applicant and consideration of the advice of the Clerk, the Committee agreed to defer consideration of the application to a future meeting of the Committee to allow the applicant to submit an application to the Planning Department to obtain the relevant planning consent.

(c) TAXI DRIVER'S LICENCES - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application Nos 1, 4, 5, 6 and 7, the Committee noted that the applicants had failed to pass their street tests within the prescribed period, and agreed that the applications be refused.

In the case of Application Nos 2 and 3, the Committee noted that these applications had been withdrawn from consideration by the applicants.

(d) TAXI DRIVER'S LICENCES - RENEWALS

There were submitted the undernoted applications.

In the case of Application Nos 1 to 5, there being no objections, the Committee agreed that the applications be granted.

(e) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted the undernoted applications.

In the case of Application No 1, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application No 2, the Committee, having heard a representative of the Housing Department, the applicant on his own behalf and consideration of the advice of the Legal Officer, agreed that the application be granted.

In the case of Application Nos 3, 4 and 5, the Committee noted the applicants were not present and having heard the Clerk, agreed that consideration of the applications be deferred to a future meeting of the Committee to allow the applicants to attend.

In the case of Application No 6, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application No 7, the Committee, having heard a representative of the Housing Department, an agent on behalf of the applicant, the Clerk, and consideration of the advice of the Legal Officer, agreed that the application be granted.

In the case of Application No 8, the Committee, having heard a representative of the Housing Department and the applicant on their own behalf, agreed that the application be granted.

In the case of Application No 9, the Committee, having heard a representative of the Housing Department, agreed that the application be granted.

In the case of Application No 10, Councillor Helen Dick declared a non-financial interest in this application by virtue of the agent named in the application being known to her in a personal capacity. The Committee gave consideration to a letter of objection which had been submitted by the Private Sector Services Manager relative to this application. Thereafter, having heard a representative of the Housing Department, the Committee agreed that the application be granted.

In the case of Application Nos 11 to 37, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

(f) HOUSES IN MULTIPLE OCCUPATION - RENEWAL APPLICATIONS

There was submitted the undernoted application.

In the case of this application, the Committee noted that the application had been granted for a period of one year at the Licensing Committee held on 15th January, 2009, the Committee further noted that a request for variation of the application to the change of day to day manager to Alistair Cluley had also been received.

Thereafter, having heard a representative of the Housing Department and a representative on behalf of the applicant, the Committee agreed that the application and variation be granted.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6, 9 and 14 of Part I of Schedule 7A of the Act.

IV CIVIC GOVERNMENT (SCOTLAND) ACT 1982

(a) HOUSES IN MULTIPLE OCCUPATION - SUSPENSION HEARING

There was submitted a letter of observation from the Private Sector Services Manager relevant to the conduct of Mr L C during the currency of his Houses in Multiple Occupation Licence. A letter of support from Mr L C had also been submitted. The Committee gave consideration to the content of both letters. Thereafter, having heard a representative of the Housing Department, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that a warning be issued to the licence holder.

(b) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

There were submitted five applications by Company S for Houses in Multiple Occupation Licences.

The Committee, having heard a representative of the Housing Department, agreed that the applications be granted.

(c) LATE HOURS CATERING - REQUEST FOR EXEMPTION

There was submitted a request for exemption by Company A.

The Committee noted that this request had been withdrawn from consideration by the applicant.

(d) TAXI DRIVER'S LICENCES - NEW APPLICATIONS

(i) There was submitted an application by Mr B D for a Taxi Driver's Licence.

The Committee gave consideration to a letter of objection which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee noted that the application had been withdrawn from consideration by the representative on behalf of the applicant.

(ii) There was submitted an application by Mr M F for a Taxi Driver's Licence.

The Committee gave consideration to a letter of objection which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, the applicant on their own behalf and consideration of the advice of the Legal Officer and the Clerk, the Committee agreed that the application be granted for a period of six months.

Councillor Laurie Bidwell left the Chamber prior to consideration of the undernoted item of business and did not return.

(iii) There was submitted an application by Mr P S for a Taxi Driver's Licence.

The Committee gave consideration to a letter of representation which had been submitted by Tayside Police relevant to this application. Thereafter, having heard a representative of Tayside Police, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be refused.

(e) TAXI OPERATOR LICENCE - NEW APPLICATION

There was submitted an application by Mr P D for a Taxi Operator's Licence.

The Committee gave consideration to a letter of support which had been submitted by the applicant. Thereafter, having heard the applicant on their own behalf, the Clerk, and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted subject to the placing on service of a wheelchair accessible vehicle with whole volume type approval.

(f) TAXI DRIVER'S LICENCE - SUSPENSION HEARINGS

(i) There was submitted a letter from Occupational Health and Safety Advisory Services relevant to the fitness of Mr G A to be the holder of a Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard an agent on behalf of the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the suspension of the Taxi Driver's Licence held by Mr G A be continued with immediate effect for the unexpired portion of the licence.

Bailie Roderick A J Wallace declared a non-financial interest in the undernoted item of business by virtue of the complainant, who formed the basis of the letter from Tayside Police being known to him in a personal capacity in his position as a Ward Councillor.

(ii) There was submitted a letter of information from Tayside Police relevant to the alleged conduct of Mr M A during the currency of his Taxi Driver's Licence. The Committee gave consideration of the content of the letter. Thereafter, having heard a representative of Tayside Police, and a representative on behalf of the licence holder, the Committee agreed that consideration of the matter be adjourned for a period of six months and that at that time certification be submitted providing evidence that the licence holder had completed a course to the satisfaction of the course holders on disability awareness requirements. In the meantime, the Committee agreed to renew the licence.

(iii) There was submitted a letter of information from the Environmental Compliance Manager relevant to the alleged conduct of Mr E C during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard the Environmental Compliance Manager, a representative on behalf of the licence holder and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned to the meeting of the Licensing Committee to be held on 29th July, 2010 to allow the licence holder to submit evidence that the fixed penalty had now been paid and to allow copy certification of service of charge by the Sheriff Officers to be submitted.

(iv) There was submitted a letter of information from Tayside Police relevant to the alleged conduct of Mr F K during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police, a representative on behalf of the licence holder and consideration of the advice of the Clerk, the Committee agreed that the hearing be adjourned for a period of six months to monitor the licence holder's behaviour.

(v) There was submitted a letter of information from Tayside Police relevant to the alleged conduct of Mr J McL during the currency of his Taxi Driver's Licence. This matter was referred back to the Committee following an appeal.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police, an agent on behalf of the applicant, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the matter be adjourned until the meeting of the Licensing Committee to be held on 2nd September, 2010 to allow further documentation to be produced by Tayside Police.

(vi) There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr P M during the currency of his Taxi Driver's Licence.

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police, the Committee noted that no further action was required as the licence was now forfeit due to court proceedings.

(vii) There was submitted a letter of information from Tayside Police relevant to the alleged conduct of Mr S M during the currency of his Taxi Driver's Licence.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of Tayside Police and the Clerk, the Committee agreed that no further action be taken.

(g) TAXI OPERATOR/TAXI DRIVER'S LICENCES - SUSPENSION HEARINGS

(i) There was submitted a letter of information from the Environmental Compliance Manager relative to the alleged conduct of Mr B A during the currency of his Taxi Operator and Taxi Driver's Licences.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative of the Environmental Health Department, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the matter be deferred to the meeting of the Licensing Committee be held on 4th November, 2010.

(ii) There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr W F during the currency of his Taxi Operator and Taxi Driver's Licences. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard a representative of Tayside Police, the Committee agreed to continue suspension of the Taxi Driver's Licence held by Mr W F with immediate effect until the September meeting of the Licensing Committee at which time, a fresh suspension hearing would be held.

(h) TAXI OPERATOR - REQUEST FOR VARIATION

There was submitted a request for variation for a Taxi Operator's Licence held by Mr B M.

The Committee gave consideration to the content of the letter. Thereafter, having heard a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the request for variation be refused.

Roderick A J WALLACE, Convener.